Juvenile Status Offenses

San Jose Juvenile Status Offenses Lawyer And Santa Clara Juvenile Crime Attorney

A status offense is an offense committed by a juvenile, which would not be a crime if committed by an adult, but is a violation of the law because of the age of the person committing it. Usually, status offenses are committed by minors under the age of 18. But sometimes, the age limit is higher, such as for the purchase or possession of alcohol. Approximately 15 percent of all juvenile arrests in California are for status offenses.

Common Offenses

California law includes several age-related prohibitions. Common status offenses in California include:

• Underage purchase or possession of alcohol;
• Underage purchase or possession of tobacco;
• Truancy, meaning skipping school;
• Violating curfew;
• Habitually being beyond a parent’s control; or
• Running away from home.

In contrast, juvenile delinquent crimes occur when a minor commits an act that is prohibited both for juveniles and for adults, such as theft, drug possession, or violent crimes. Juvenile delinquent offenses are more serious than status offenses and carry more severe penalties.

Process

Status offenses, like juvenile delinquent crimes, are handled in juvenile court. A probation officer, instead of a prosecutor, presents evidence to the court against the minor, and the minor has the right to a defense attorney to defend him or her. The probation officer must prove guilt beyond a reasonable doubt, just as in any criminal case. There is no jury in a juvenile status offense case; instead, a judge makes a decision as to the minor’s guilt.

Penalties

The penalties for status offenses are generally less serious than those for juvenile criminal offenses. Penalties may include:

• Fines or restitution;
• Counseling or education programs;
• Community service;
• Suspension of a driver’s license or permit for up to one year; or
• Placement of the juvenile with someone other than a parent or guardian, such as with a relative, or in a group or foster home.

Only in very limited circumstances may a juvenile be imprisoned in a secure facility for the commission of a status offense.

Generally, records relating to the commission of a status offense may be sealed once the juvenile reaches age 18, and later expunged from the public record.

Status offenses are generally less serious than juvenile criminal offenses, but they can still cause problems for your child, especially before they are eligible for sealing or expungement. If your child has been charged with a status offense, an experienced attorney can review your options and work to protect your child. Please contact skilled San Jose criminal defense attorney Wesley Schroeder to schedule a free initial consultation.

Source:

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC&sectionNum=2